After a divorce or child custody order is in place, one parent may consider relocating for a new job, family support, or a fresh start. However, moving with a child can significantly affect existing custody and parenting time arrangements. In Rhode Island, relocation is not something a parent can simply decide on their own when it impacts the other parent’s rights. Courts closely review these situations to ensure that any proposed move serves the child’s best interests. This article explains how relocation impacts custody and what parents should know before making a move.
Do I Need Permission to Relocate with My Child?
In Rhode Island, a parent generally cannot relocate with a child if the move would interfere with the other parent’s court-ordered parenting time—unless the other parent agrees or the court approves the relocation.
Court involvement is typically required when:
- The move is out of state
- The move significantly increases the distance between parents
- The move disrupts the current parenting schedule
Even if you have primary physical custody, also known as placement in RI, you still need court approval.
What Do Rhode Island Courts Consider in Relocation Cases?
When relocation is contested, Rhode Island courts focus on the best interests of the child while also evaluating the reason for the move and its overall impact.
Courts may consider factors such as:
- The reason for the relocation (employment, education, family support)
- The impact on the child’s relationship with the non-relocating parent
- Whether a revised parenting plan can preserve meaningful contact
- The child’s current stability, and connection to their home, school, and community
- Will the child have access to additional family members in the proposed new location
The courts often seek to balance the benefits of the move with the importance of maintaining the regular and consistent involvement of the non-relocating parent.
How Parenting Time May Change After Relocation
If the court approves a relocation, the existing parenting schedule will likely need to be modified. Because frequent visits may no longer be practical, courts often create new schedules that allow for meaningful parenting time despite the distance.
These adjustments may include:
- Extended parenting time during school vacations and holidays
- Longer blocks of time in the summer
- Virtual communication such as video calls
- Shared or allocated travel responsibilities
The focus remains on preserving the parent-child relationship, even if the structure of parenting time changes.
What If the Other Parent Objects?
If the other parent does not agree to the relocation, the parent seeking to move must file a motion with the Rhode Island Family Court. The court will then evaluate the request and may schedule a hearing to review evidence from both sides.
The burden is on the relocating parent to demonstrate that the move is in the child’s best interests.
Relocation cases can become complex, especially when both parents are actively involved in the child’s life.
What Happens If I Move Without Permission?
Relocating with a child without the other parent’s consent or court approval can lead to serious legal consequences. The court may:
- Order the child to be returned
- Modify custody arrangements in favor of the non-relocating parent
- Consider the move as a factor against the relocating parent
It is important to follow proper legal procedures before making any move that affects custody or parenting time.
Why Legal Guidance Matters
Relocation cases involve both legal and practical considerations, and the outcome can have a lasting impact on your relationship with your child. Whether you are seeking to relocate or opposing a proposed move, it is important to understand your rights and obligations under Rhode Island law.
An experienced family law attorney can help you evaluate your options, prepare your case, and advocate for a parenting arrangement that supports your child’s best interests.
Speak with Attorney Christopher Heberg About Relocation and Custody
If you are considering relocating or are involved in a custody dispute related to a move, it is important to seek legal guidance before taking action. Attorney Christopher Heberg represents clients throughout Rhode Island in custody and parenting time matters, including relocation cases. Contact Attorney Christopher Heberg today to schedule a consultation and discuss your situation.